Council of State Ruling on Reclassification of Expropriated Properties for Public Utility to Buildable Areas
Council of State Ruling on Reclassification of Expropriated Properties for Public Utility to Buildable Areas
March 2025
Constantinos Kavadellas, Partner, Georgia Panagopoulou, Counsel, Myria Kotrotsiou, Junior Associate, and Katerina Renieri
Kyriakides Georgopoulos Law Firm
According to recent case law from the Council of State, a property can legally be reclassified as a buildable area after its designation as a public utility area is removed.
In Decision No. 276/2025, the Council of State ruled that lifting urban expropriation and reclassifying a property from an area designated for school construction to a buildable area is lawful.
The legal criteria supporting such a reclassification include:
- The property’s morphological characteristics,
- Urban planning needs, with priority given to the necessity of public and communal spaces,
- The urban planning framework of the wider area, and
- Guidelines and constraints set by spatial planning frameworks, the General Urban Plan, or other relevant plans.
However, urban expropriation may be reinstated if both of the following conditions are met:
- A significant urban planning need is identified, and
- Authorities demonstrate both the intention and ability to immediately compensate affected property owners.
Regarding building regulations for the reclassified area, the Council of State determined that the 60% coverage ratio under Article 12(1) of the New Building Regulation (NOK) applies, replacing the previous 70% ratio under Article 8(1) of Law 1577/1985 (General Building Regulation – GOK). This change favors environmental sustainability and improves living conditions for residents.
This ruling is significant as it sets a legal precedent for developing and utilizing properties that were expropriated for public purposes but never actually used for such purposes.
March 2025
Constantinos Kavadellas, Partner, Georgia Panagopoulou, Counsel, Myria Kotrotsiou, Junior Associate, and Katerina Renieri
Kyriakides Georgopoulos Law Firm
According to recent case law from the Council of State, a property can legally be reclassified as a buildable area after its designation as a public utility area is removed.
In Decision No. 276/2025, the Council of State ruled that lifting urban expropriation and reclassifying a property from an area designated for school construction to a buildable area is lawful.
The legal criteria supporting such a reclassification include:
- The property’s morphological characteristics,
- Urban planning needs, with priority given to the necessity of public and communal spaces,
- The urban planning framework of the wider area, and
- Guidelines and constraints set by spatial planning frameworks, the General Urban Plan, or other relevant plans.
However, urban expropriation may be reinstated if both of the following conditions are met:
- A significant urban planning need is identified, and
- Authorities demonstrate both the intention and ability to immediately compensate affected property owners.
Regarding building regulations for the reclassified area, the Council of State determined that the 60% coverage ratio under Article 12(1) of the New Building Regulation (NOK) applies, replacing the previous 70% ratio under Article 8(1) of Law 1577/1985 (General Building Regulation – GOK). This change favors environmental sustainability and improves living conditions for residents.
This ruling is significant as it sets a legal precedent for developing and utilizing properties that were expropriated for public purposes but never actually used for such purposes.
